Victor Chemical Works

In the Matter of VICTOR CHEMICAL WORKS, EMPLOYER and INTER- NATIONAL CHEMICAL WORKERS UNION, AFL, PETITIONER Case No. 10-RC-588.Decided July ^09, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Frank E. Hamilton, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. The Petitioner previously has sought to obtain certification as the bargaining representative of the Employer's employees in the unit described below. An election was held under the auspices of the Board on April 20, 1948. On September 2, 1948, following that election in which the Petitioner failed to obtain a majority of the valid votes cast, the Board dismissed its petition. The Employer moved to dismiss the present petition on the grounds (1) that Section 9 (c) (3), and collaterally, Section 9 (c) (1) of the Act,' prohibit an election in the proposed unit earlier than September 2, 1949, and (2) that unfair labor charges filed by the Petitioner are pending. Section 9 ( c) (3) provides in part: No election shall be directed in any bargaining unit or any subdivision within which, in the preceding twelve-month period, a valid election shall have been held. Section 9 ( c) (1) provides in part: If the Board finds upon the record of such hearing that such a question of repre- sentation exists, it shall direct an election by secret ballot and shall certify the results thereof. 85 N. L. R. B., No. 84. 495 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the first contention, we have very recently held that a reason- able construction of Section 9 (c) (3) is that a second election shall riot be conducted within 12 months from the date of the earlier election with respect to the same unit of employees.2 In the instant proceeding more than 1 year has now elapsed since the prior election. With respect to the second contention, the Petitioner has waived the filing of any objections to an election in. the present case or to the results of said election on the basis of any of the issues in the unfair labor practice case. Accordingly, we find no merit to the Employer's motion to dismiss and it is hereby denied. We find a question affecting commerce exists concerning the repre- sentation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate unit: The Petitioner seeks a unit of all employees employed at the Employer's plant on Anciote Road, Tarpon Springs, Florida, exclud- ing office clerical employees, guards, professional employees, and su- pervisors as defined in the Act. The Employer, though in substantial agreement as to the composition of the unit, contends that the unit should be described as "all production and maintenance employees at the Employer's Tarpon Springs, Florida, plant, but excluding office and clerical employees, storekeeper and storeroom clerks, office janitors, first aid man, chemists and analysts, guards, professional employees, and supervisors as defined in the Act." The parties are in dispute as to the unit placement of the following employees : 3 Storeroom clerk: The storeroom clerk is an hourly paid employee whose duties include the issuing and checking in of parts, tools, and equipment. He physically handles some materials received. He also maintains a perpetual or running (bin type) inventory. He is under the direct supervision of the storekeeper. His interests, we find, are closely allied with those of the plant employees. We shall include him in the unit.' Laboratory analyst: Petitioner would include and Employer would exclude the employee from the proposed unit. The laboratory analyst analyzes samples of material for their chemical constituents, which analyses are used for the control of the plant process. He is an hourly paid employee and works under the supervision of the chief chemist. Matter of Maflinckrodt Chemical works, 84 N. L. R. B. 291. 8 Both parties agree that the mechanical clerk ( also called the master mechanic 's clerk) should be excluded from the unit as an office employee. This employee spends part of his time in the storeroom where he assists the storeroom clerk . However, it appears from the record that the bulk of his time is spent at his desk in the master mechanic ' s office. Here he prepares job estimates and keeps time for the mechanical department , getting it ready for the signature of the master mechanic. We shall exclude him from the unit. 3 Matter of Byron Jackson Company, 83 N. L. R. B. 1012. VICTOR CHEMICAL WORKS 497 No special training is required for the job although a high school education is considered helpful. Approximately 85 percent of the analytical work is of a routine nature; 15 percent requires the use of some independent judgment, but all of the work is under close supervision. The analyst has access to confidential information as to the quality of ores and finished products, but does not have access, to information directly governing labor policy. We shall include the laboratory analyst in the unit.' O face janitor: Petitioner would include in the unit the office janitor who performs the normal maintenance duties incident to keeping the office building clean. Employer contends that he should be excluded as he cleans offices where confidential information is kept at a time when no one is present to supervise him. However, it is clear that it is not part of his duty and responsibility to work with any such in- formation. He is hourly paid at a rate that compares favorably with the laborers. Because his duties and interests lie with the plant em, ployees we shall include him in the unite Relief foreman: During the absence of the mechanical foreman,. one of the maintenance mechanics is designated to act in his capacity. The same employee has been used for this job consistently. His hourly rate of pay is increased to equal that of the foreman when he acts in his place. However, he spends "considerably less than 20 percent" of his working time acting as relief foreman, and even when doing so cannot effectively recommend the hire or discharge of an employee. We find that this employee is not a supervisor within the meaning of the Act, and shall include him in the unit.' We find that all employees employed at the Employer's plant on Anciote Road, Tarpon Springs, Florida, including the storeroom clerk, laboratory analyst, office janitor, and relief foreman, but ex- cluding mechanical clerk, office clerical employees, guards, profes- sional employees, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than, e Hatter of Celanese Corporation of America, 81 N. L. R. B. 1.041 ; Matter of Connaer- cial Solvents Corporation, 80 N. L. R. B. 277. "Matter of Sheffield Iron, and Steel Company, 77 N. L. R. B. 998. Matter of American Win.do,e Glass Companlt, 77 N. L. R. B. 1,030 Matter of The 00o. Power Company (Canton Division), 80 N. L. R. B. 582. 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 30 days from the date of this Direction , under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations , among the employees in the unit found appropriate in paragraph numbered 4 , above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election , including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or re- instated prior to the date of the election , and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented , for purposes of collective bargain- ing, by International Chemical Workers Union, AFL.